GATS & Telecom

Transparency

Transparency

Key Ingredients for Reform

Clearly set out policies in laws, regulations, licenses, contracts

Make all processes open to participation & review by all interested parties

Ensure the award of licenses/contracts adheres strictly to criteria clearly announced at outset

Limit discretionary intervention by government Restructure prices - based on costs Guarantee reasonable interconnection to dominant

operator(s)

Björn Wellenius, “Telecommunications Reform- How to Succeed” Viewpoint Note No. 130, Oct. 1997, The World Bank

What is it?

publish promptly ... at the latest by the time of their entry into force, all relevant measures of general application which pertain to or affect the operation of this Agreement

GATS Art. III:1

Core obligation

"measure" means any measure by a Member,

. . . a law, regulation, rule, procedure, decision, administrative action, or any other form

GATS Art. XXVIII(a)

“measures”?

means measures taken by

• central, regional or local governments and authorities; and

• non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

“by a Member”?

GATS Art. 1:3(a)

does not cover ...

e.g. decisions, actions or communications relating to individual service suppliers

“of general application”?

Other transparency provisions covering government measures of general application include...

To ensure that ... qualification requirements & procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade ...

Develop necessary disciplines that ...

ensure that such requirements are ... based on objective and transparent criteria ...

GATS Art. VI:4

More...

Where a licence or other authorization is required, make publicly available

- all the licensing criteria

- the period of time normally required to reach a decision on an application

Reference Paper, para. 4

More...

Universal service

Such obligations will not be regarded as anti-competitive per se, provided they are

administered in a transparent, non-discriminatory and competitively neutral manner ...

Reference Paper, para. 3

More...

Scarce resources

Procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner.

The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.

Reference Paper, para. 6

More...

Some provisions do require making government measures relating to an individual service supplier available to the supplier or to the public ...

Other provisions require governments to ensure that certain information of or about an individual service supplier is made publicly available ...

However...

Beyond measures of “general application”

Provisions that require making available government measures relating to an individual service supplier include ...

Where licensing or authorization is required

... within a reasonable period of time ... inform the applicant of the decision on the application

... upon request of the applicant, provide, without undue delay, information concerning the status of the application

GATS Art. VI:3

Informing suppliers...

Where a licence is required, make publicly available:

– the terms and conditions of individual licences

Provide the applicant, upon request, the reasons for denial of a licence

Reference Paper, para 4

Informing suppliers...

Beyond “government” measures

Provisions that require governments to ensure that certain information of or about service suppliers is made publicly available include ...

Ensure information on conditions affecting access to and use of public telecommunications transport networks and services (PTTNS) is publicly available, including ...

Telecom Annex, para 4

Telecom Annex ...

... tariffs and other terms and conditions of service

... specifications of technical interfaces with such networks & services

... information on bodies responsible for preparation and adoption of standards affecting access and use

... conditions applying to attachment of terminal or other equipment

... notification, registration, licensing requirements

Telecom Annex, para 4

Supplier or Government?

Ensure interconnection is provided ...

... in a timely fashion, on terms, conditions (including technical standards & specifications) & cost-oriented rates that are transparent, reasonable, ...

Reference Paper, para 2.2(b)

about suppliers...

Ensure procedures applicable for interconnection to a major supplier will be made publicly available

Reference Paper, para. 2.3

about suppliers...

Ensure that a major supplier makes publicly available either its interconnection agreements or a reference interconnection offer

Reference Paper, para. 2.4

about suppliers...

Nothing in this Agreement shall require any Member to provide confidential information

the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private

GATS Art. IIIbis

Except ...

Related to

– certain non-dominant companies or services?

– companies or services not subject to public service obligations?

E.g. Tariffs for negotiated or customized competitive business services?

Examples?

Recap...what?Make publicly available...

• All measures of general application - laws, regulations, rules, procedures

• Interconnection terms, conditions (incl. technical standards and specifications) and rates, interconnection procedures

• Licensing criteria and procedures, time normally required to reach a decision, the terms and conditions of individual licences

• State of allocated frequency bands• Conditions affecting access to and use of public telecommunications ―tariffs and other terms and conditions―specifications of technical interfaces―conditions on the attachment of terminal or other equipment―notification, registration, licensing requirements―information on bodies responsible for standards

Recap...what?

Inform license applicants • of the status of the application • the decision• the reasons for denial

Transparently administer• universal service obligations• procedures for allocation and use of scarce resources

Telecom laws, regulations, rules, etc Tariffs or interconnection rates set by the government Technical standards/specifications, info on standards

setting bodies Licenses, licensing procedures, criteria & requirements,

period of time, reasons for denial, notification & registration requirements

Procedures for allocation & use of frequencies, numbers and rights of way, state of allocated frequency bands

Universal service obligations and mechanisms

Who? ...of the government?

Official Gazette Website Press releases Mailings or newsletters, including

e-mails or e-newsletters Newspaper postings

...translations?

How?

Of all Public Telecom Transport Networks & Services

tariffs specifications of technical interfaces other technical specificationsconditions applying to attachment of terminal

or other equipment

Who? ...of or about operators?

Of dominant Public Telecom Transport Networks & Services

procedures for interconnectionterms, conditions and rates of interconnectioninterconnection agreements or a reference

interconnection offer

Who?...of or about operators?

Require operators to publish the relevant information

Require operators to submit relevant information to the government... then the government makes it publicly available

How?

Promptly !

When?